Thai Law About Marital Property of Husband and Wife

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on 27 September 2026

Co-owned assets and a spouse’s power to sell

Unregistered partners do not acquire the statutory marital-property regime merely by living together. They may nevertheless establish co-ownership of assets acquired through their joint earning activity. In Supreme Court Decision No. 97/2569, the court recognised equal shares in two plots derived from the partners’ joint business before marriage. Their later marriage did not turn those assets into marital property. Preserve evidence of the joint business, payments and acquisition history. This ruling does not give a foreign partner a general right to own Thai land. See our analysis of unmarried couples and property.

Selling or mortgaging marital immovable property generally requires joint action or the other spouse’s consent under Section 1476 of the Civil and Commercial Code. Section 1480 permits an annulment claim, subject to ratification, protection for a third party acting in good faith for value, and the one-year knowledge and ten-year transaction limits. In Supreme Court Decision No. 3228/2569, two 2017 transfers were revoked in full and the recipient was ordered to leave those plots. The challenges to two 2006 transfers were time-barred. The decision did not undo all four sales. Check the acquisition date, marital status, source of funds and consent before registration. See our spousal-consent analysis.

This section includes articles about prenuptial agreement in Thailand but also how to define the personal property and common property when people are married. Where the asset is land bought during a marriage to a Thai national, the ownership question is governed by the Land Code rather than by matrimonial property alone. Our overview of whether a foreigner can buy land in Thailand explains which routes are actually open.

Commercial and Civil Code of Thailand

Book V : Family (click here for complete book about Family in PDF)

Title I : Marriage

Chapter 4: Property of Spouses

Section 1465. Property

Where spouses have not, before the marriage, concluded a special agreement concerning property, the relations between them as regards their property are governed by the provisions of this Chapter. Any clause in a prenuptial agreement that is contrary to public order or to the good morals of the people, or that provides that the relations between them as regards that property are to be governed by the law of another country, is void.

Section 1466. Void Prenuptial Agreement

A prenuptial agreement is void unless, at the time the marriage is registered, either its terms are entered in the marriage register, or it is made in writing and signed by both spouses and at least two witnesses and the marriage register records that it is annexed.

Section 1467. No Alteration of Prenuptial Agreement

After marriage the prenuptial agreement cannot be altered except by authorization of the Court. When there is final order of the Court to effect the alteration or cancellation of the prenuptial agreement, the Court shall notify the Marriage Registrar of the matter in order to have it entered in the Marriage Register.

Section 1468. Prenuptial Agreements have no effect on Good Faith Third Parties

Clauses in the prenuptial agreement shall have no effect as regards the rights of third persons acting in good faith irrespective of whether they be altered or cancelled by the order of the Court.

Section 1469. Agreements can be Voided

An agreement concerning property made between spouses during the time they are spouses may be avoided by either of them at any time while they are spouses, or within one year from the day they ceased to be spouses; but this does not affect the rights of third persons acting in good faith.

Section 1470. Marital Property

Property between spouses, other than that set apart as personal property, is marital property.

Section 1471. Separate Property

Sin Suan Tua (Separate Property) consists of:

1. property belonging to either spouse before marriage
2. property for personal use, dress or ornament suitable for station in life, or tools necessary for carrying on the profession of either spouse
3. property acquired by either spouse during marriage through a will or gift
4. Khongman (Engagement Property).

Section 1472. Separate Property exchanged for other property

As regards to Sin Suan Tua, if it has been exchanged to other property, other property has been bought or money has been acquired from selling it, such other property or money acquired shall be Sin Suan Tua.

Where the Sin Suan Tua has been totally or partly destroyed but replaced by other property or the money, such other property shall be Sin Suan Tua.

Section 1473. Each spouse is manager of his or her Sin Suan Tua.

Section 1474. Marital Property

Sin Somros consists of:

1. property acquired during marriage;
2. property acquired by either spouse during marriage through a will or a gift made in writing if it is declared by such will or document of gift to be Sin Somros (Marital Assets);
3. fruits of Sin Suan Tua.

In case of doubt as to whether a property in Sin Somros or not shall be presumed to be Sin Somros.

Section 1475. Entering a Spouse as Co-owner

If any marital property is of a kind specified in Section 456 of this Code, or is evidenced by a document, either spouse may apply to have their own name entered as a co-owner in that document.

Section 1476. Managing Marital Property

Spouses must manage the marital property jointly, or with the consent of the other, in the following cases: (1) selling, exchanging, selling with a right of redemption, letting on hire purchase, mortgaging, discharging a mortgage, or transferring the right of mortgage, of immovable property or of movable property which may be mortgaged; (2) creating or extinguishing, in whole or in part, a servitude, a right of habitation, a superficies, a usufruct, or a charge on immovable property; (3) letting immovable property for more than three years; (4) lending money; (5) making a gift, except a gift appropriate to the family’s condition in life for a charitable purpose, a social purpose, or a moral obligation; (6) making a compromise; (7) submitting a dispute to arbitration; (8) giving property as security or as a guarantee to an official or to a court. Management of the marital property other than in the cases in paragraph one may be carried out by either spouse without the consent of the other.

Section 1476/1. Prenuptial Agreement

Spouses may manage the marital property differently from Section 1476, in whole or in part, only where they have made a prenuptial agreement as provided in Section 1465 and Section 1466. In that case the management of the marital property follows the prenuptial agreement. Where the prenuptial agreement provides for the management of only part of the matters in Section 1476, the management of the marital property outside what the agreement provides follows Section 1476.

Section 1477. Litigation of Marital Property

Either spouse is entitled to litigate, defend, take legal proceedings concerning maintenance of the Sin Somros or for the benefit of the Sin Somros. Debts incurred by the said litigation, defense and legal proceedings shall be regarded as the obligation to be performed jointly by the spouses.

Section 1478. Litigation for Consent

Where one spouse has to give consent or to affix a signature together with the other in the management of the property, but unreasonably refuses to give such consent or to affix such signature, or is not in a position to give such consent, the latter may apply to the Court for an order granting the necessary permission.

Section 1479. Consent Requirements

Where an act by either spouse requires the consent of the other spouse, and if such act is required by law to be made in writing or registered by the competent official, such consent must be given in writing.

Section 1480. Acting on Marital Property without Consent

In the management of the Sin Somros which has to be made jointly or has to obtain the consent from the other spouse under Section 1476, if either spouse has entered into any juristic act alone or without consent of the other, the latter may apply in Court for revoking such juristic act, unless it has been ratified by the other spouse, or the third person was at the time of entering into such juristic act, acting in good faith and make the counter-payment.

The litigation for revocation of the juristic act by the Court under paragraph one cannot be made later than one year from the day when such cause as being the ground for the revocation is known, or later than ten years since the juristic act was done.

Section 1481. Unfair Disposal of Marital Property

Neither spouse is entitled to dispose of the Sin Somros by will in favor of the other persons to an extent exceeding his or her own portion thereof.

Section 1482. Sole Management of Marital Property

In case either spouse is the sole manager of the Sin Somros, the other spouse is nevertheless entitled to manage household affairs or provide for the necessaries of the family, and the expenses therefore would bind the Sin Somros and Sin Suan Tua of both parties.

If such management of household affairs or provision for the necessaries of the family by either spouse results in the undue loss, the other spouse may apply to the Court to forbid or limit the power of that spouse.

Section 1483. Unnecessary Acts

In case either spouse is the sole manager of the Sin Somros, if the manager is going to commit or is committing any act in the management of the Sin Somros which would appear to result in undue loss, the other spouse may apply to the Court for an order forbidding commission of such act.

Section 1484. Duties of the Manager of Marital Property

If either spouse who is the manager of Sin Somros:

1. causes undue loss to it;
2. fails to support the other spouse;
3. becomes insolvent or incurs debts to an amount exceeding one half of the Sin Somros;
4. hinders the management of Sin Somros by the other spouse without reasonable ground;
5. is found to have circumstances that will ruin the Sin Somros;

The other spouse may apply to the Court for an order authorizing him or her to be the sole manager or dividing the Sin Somros.

In case there is an application is made under paragraph one, the Court may determine temporary protective measures in the management of the Sin Somros. If that is the case of emergency, the provisions on the request in case of emergency under the Civil Procedure Code shall apply.

Section 1484/1. Revocation of Limits to Management Powers

In case where there has been an order of the Court forbidding or limiting the power of either spouse to manage the Sin Somros, if the cause which was the ground for the Court order or the circumstances have later changed, either spouse may apply to the Court revocation or change of the order forbidding or limiting the power to manage the Sin Somros. The Court in this effect may give any order which is deemed suitable.

Section 1485. Court Appointment to Manage Marital Property

Either spouse may apply to the court to be the manager of any particular item of marital property, or to take part in its management, if to do so would be more beneficial.

Section 1486. Court Orders Entered in the Marriage Register

When a judgment or order of the court has become final under Section 1482 paragraph two, Section 1483, Section 1484, Section 1484/1 or Section 1485 in favour of the applicant, or under Section 1491, Section 1492/1 or Section 1598/17, or when a spouse ceases to be bankrupt, the court shall notify the registrar so that it may be entered in the marriage register.

Section 1487. Seizure of Property

While they are spouses, neither may seize or attach the property of the other, except a seizure or attachment of property in an action brought to perform a duty or to preserve a right between spouses as specially provided in this Code, or which this Code specially provides that spouses may bring against each other, or a seizure or attachment of property for maintenance and costs not yet paid under a judgment of the court.

Section 1488. Personal Liability to Perform

Where either spouse is personally liable to perform an obligation incurred before or during marriage, such performance shall be first made out of his or her Sin Suan Tua; if the obligation is not performed in full, it shall be satisfied out of his or her portion of the Sin Somros.

Section 1489. Collection of Debt from both Marital and Separate Property

Where both spouses are common debtors, the performance shall be made out of the Sin Somros and the Sin Suan Tua of both spouses.

Section 1490.

Debts that both spouses are jointly liable to perform, shall include the following debts incurred by either spouse during marriage:

1. debts incurred in connection with management of household affairs and providing for the necessaries of the family, or maintenance, medical expenses of the household and for proper education of the children;
2. debts incurred in connection with the Sin Somros;
3. debts incurred in connection with a business carried on by the spouses in common;
4. debts incurred by either spouse only for his or her own benefit but ratified by the other.

Section 1491. Bankruptcy of a Spouse

If either spouse is adjudged bankrupt, the Sin Somros is divided by operation of law as from the date of adjudication.

Section 1492. Division of Marital Property

When the marital property has been separated under Section 1484 paragraph two, Section 1491 or Section 1598/17 paragraph two, the separated part becomes the personal property of each spouse, and any property acquired afterwards by either of them is not marital property but is the personal property of that spouse. Marital property acquired afterwards by the spouses under a will, or under a gift in writing under Section 1474 (2), becomes the personal property of each spouse in equal halves. The fruits of personal property acquired after the separation of the marital property are personal property.

Section 1492/1. Court Order Division of Marital Property

In case the division of the Sin Somros is made by the order of the Court, the revocation of the division shall be made upon the request of either spouse and the Court has given the order to that effect. If either spouse raises an objection to such request, the Court cannot give an order for the revocation of the division of the Sin Somros unless the cause for division of the Sin Somros has ceased to exist.

After the division of the Sin Somros under paragraph one having been revoked, or suspended due to either spouse having been relieved from being bankrupt, the property which is the Sin Suan Tua on the date of the order of the Court, or on the date of his or her relieving from being bankrupt shall remain the same as Sin Suan Tua.

Section 1493. Liability for Household Expenses

Where there is no longer any Sin Somros, both spouses are liable to pay for the household expenses in proportion to the amount of their respective Sin Suan Tua.

Last reviewed: 27 September 2026. Civil and Commercial Code sections 1465 to 1493 were read in Thai against the English on this page, which is our own translation, and corrected where it did not match. The two Supreme Court decisions at the top of the page were reviewed separately on their own pages.

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